Sir Thomas made his will on March 28, 1640, in the following terms:-"I, Sir Thomas Posthumous Hoby of Hacknes, knight, being in health of body and of perfect memory, and calling vnto my mynde that man is not soe assured of anything in this world as of a deprivation of his naturall life, and that there is not anything more vncertaine then the tyme thereof. . . . . I doe first comend my soule vnto Almyghty God, my glorious creator, and (in Jesus Christ) my most gratious and mercyfull father, with an assured hope and confident beleife that onely through his mercy, and the merittes and passion of my Lord and onely Saviour, Jesus Christ, my soule, as soone as it shall part from my mortall body, shall imediately be receiued into an eternal habitacon in Godes heauenly kingdome, and that it shall there remaine vntil the day of the last resurrection; and that then both my soule and my body shall againe be vnited together, and shall foreuer after enioy euerlasting life in the presence of the coequall and coeternall Trinity. And for my body I doe comend the same vnto the earth, the originall materiall substance of all flesh, to be buried by the apointment of my executors in decent manner, but neyther with superfluous cost, nor in ouer publique sort, in the chancell of the parrishe church of Hacknes, next vnto the dust of the body of my late most deare and onely wife, the Lady Margarett Hoby."

He appointed as his executors, George Hickes, clerk, parson of Leesham1; Francis Prowde, clerk, preacher of God's word in the parish of Hackness; and James Moore, of Angram Grange, gent., in trust for his dearly-beloved and most-esteemed cousin, John Sydenham, eldest son and heir of John Sydenham, late of Brimpton, in the county of Somerset, esquire, by his near kinswoman, Alice, his wife, that was the daughter of William Hoby, late of Hales in the county of Gloucester, esquire, until he should accomplish the age of twenty-one years, and then he to be sole executor. He appointed Mr. Robert Barwick, of the city of York, counsellor at law, supervisor of his will. And he proceeds :— "And whereas I, being desirous to be beneficiall vnto many of my late wife's poore kindred and freindes, haue heretofore voluntarily conveyed and setled certain landes, parcell of my mannour of Hacknes, vpon one John Chapman and his heires, with intent and vpon trust that I might at my owne will and pleasure cause seuerall summes of money to be distributed, as a free guift by me giuen vnto them, as a remembrance of that extraordinary affection that was betweene her and myselfe in our life tyme. The most part of which money I have already paid, as will evidently appeare by the

1 Levisham, near Pickering.

vse.

acquittances, by me received at their seuerall paymentes thereof. Concerning which lands I haue obteined a decree in the High Court of Chancery, in Michaelmas Tearme last, against the said John Chapman, whereby a certaine proporcon of land, in the said deed specyfied, ought to be reassured to to be reassured to me and my heires, which assurance is not yet done. My will and mynde is that, in case I depart this life before I shall make better and other assurance of the same land vnto the said John Sydenham, that he shall hould and enjoy the said lands to him and his heres for euer to his owne sole And touching the residue of the moneyes, as yet vnpaid vnto my said late wives kindred, considering that my personal estate is fittest to be charged therewith, I doe giue and distribute the same, as in this my present will is hereafter menconed. . . . . . To my said executor, John Sydenham, esq., the flaggon bracelett' of gould, with the picture of my late most deare and onely wife deceased, which is fastned therevnto, and which I doe purpose (if God shall permitt), to weare about myne arme vntill and att the tyme of my death. And alsoe one other picture of my said late wife, that is sett in a box of ivery or elephantes tooth, with a peice of christall to keepe it from the dust, hopeing that my said executor will keepe them for memoriall of that affectionate care which my said late wife did, in her life tyme, take of his well doeing, and for his education in his youngest yeares. And to that end I desire that myne executors in trust doe take order that the said bracelett may be carefully preserued at the tyme of my death, and may be saifely deliuered after my death vnto my said cosin, John Sidenham, or els lett it be saifely deliuered vnto his wife. Vnto my cosen, Mary Sydenham, one of the sisters of my said executor, 100li. Vnto my said executor's younger brother, George Sydenham, 300li. And I doe desire that my said executors shall pay all such legacyes as are already menconed, eyther in this my last will or in the schedule herevnto now annexed and subscribed by myselfe, eyther at the tyme of the publishing hereof, or at any tyme hereafter dureing my life, to be in like sort subscribed and published by way of addition to the same, all the legacyes by me soe expressed, or to be expressed in the same schedule, to be paid or otherwise discharged."

John Sydenham was made the residuary legatee. The witnesses to the will were Francis Lutton, James Danby (relatives of his wife), and Edward Todd, Jeremy Cockerell, and John Beswick.

The testator did not live long after making his will, but falling into a fit of a cold palsy, died suddenly, so that at the time of his

1 A flagon-bracelet, or chain, is supposed to have been a chain-bracelet to which a smelling bottle (French flacon) could be attached. See New English Dictionary, s.V.

death the name of only one of his wife's relatives, Hester Dakins, daughter of Robert Dakins, was inserted in the schedule. Hoby's will was proved on April 26, 1641, by Prowde and Moore, Hickes renouncing. Hoby was buried according to his wish in Hackness. Church, near his wife; but in consequence of the minority of his heir, John Sydenham, and the disturbances caused by the Civil Wars, no memorial was erected till over forty years later, when his devisee's son, Sir John Posthumus Sydenham, placed a slab to his memory, now on the wall of the north aisle. It is of white marble with a central space, heart shaped with a blunted apex, 30 inches by 29 inches across the top, and 24 inches across the centre, bearing the inscription given below. It is surrounded with folds of drapery, amongst which the arms of Hoby are worked in at the top, and those of Sydenham, Argent, three rams sable, armed and unguled or, with the red hand of Ulster, impaling Herbert, Per pale azure and gules, three lions rampant argent, langued gules, in a similar manner at the bottom. The whole is surmounted by a small urn, out of which issues a golden flame.

Deponuntur heic juxtâ

Dignifsimi Cineres

Domini Thomæ Pofthumi Hobby

Viri Lectifsimiq' pii

Hujus manerii quondam Domini

Qui obiit 30° die Decembr' Ano

1640

Etat suæ septuagesimo

In cujus memoriam

Dominus Iohannes Sydenham2

(cui nunc manerium

clarefsimi (sic) prædicti donum) Monumentu' hoc pofuit

Anno Dom: 1682

After his death his executors did nothing about the 1ooli., and Sydenham, knowing Hoby's wishes in the matter, also refrained. The statement, however, in the petition that a period of four years elapsed between Hoby's death and Sydenham's coming of age is disproved by Sydenham being created a baronet on July 28, 1642, which is

1 The original will is preserved in the York Registry in the bundle for August, 1641-2, and a copy in the bundle for September, 1646-7.

2 In the vestry at Hackness are the royal arms and the letters, Wye 111d R,

with the following inscription:-
:- "This
Royal Atchievement was Erected by ye
Honble Sr Philip Sydenham, Ld of this
Mannor [and] of Brimpton in Sommerset,
and M.A. of ye University of Cam-
bridg; 1699."

hardly likely to have been done whilst he was a minor, and by the fact that he died in that same year. On July 14, 1648, Francis Lutton exhibited an inventory of Hoby's effects in the name of Lady Anne Sydenham, executrix of her husband's will.'

Nothing was done about the bond till after the Restoration, when Sir John's widow brought an action on it against Danby in the King's Bench for the 100li., and the penalty for non-payment. Danby alleged in his petition in the Chancery suit, which he brought to obtain relief from the Common Law action, that Lady Sydenham had purposely delayed bringing the action till all the persons who could have given evidence in the matter were dead or removed into unknown places. There was, however, another very good reason for delay. Rokeby, who had drawn the petition, was one of the chief advisers of the Puritans in the North of England, and seems to have been in some way connected with the Court of Cromwell. During the Commonwealth Lady Sydenham would hesitate to bring an action against a man whose son-in-law occupied so influential a position in the Puritan party; but when the King enjoyed his own again, she no doubt thought she would have a better chance, as her adversary's party was under a cloud. It is to be regretted that the issue of the case is not given.

Pedigrees showing the connection between Sir T. P. Hobby and Sir John Sydenham, and between Margaret, Lady Hoby, and James Danby :

Sir John Posthumus Sydenham, =(1) Elizabeth, dau. of Lord Powlett
Bart., M.P. Ob. 1696

(2) Lady Mary Herbert

Sir Philip Sydenham, Bart., o.s.p. He gave a library to
Hackness Church in 1700, and rebuilt most of

the North aisle.

1 Dickering Act Book, sub anno, 1641.

2 I am indebted for these pedigrees to Mr. J. W. Clay, F.S.A.

Justice of the Common Pleas.